(last updated Nov. 9, 2012)
Unless specifically excluded in writing by the parties, the present general terms and conditions govern the business relationship between the customer and Vinearoom AG, seated in Zürich, Switzerland ("Vinearoom").
Upon registration, the customer must provide a valid email address and create a password for its online account. The customer must ensure that the password remains confidential at all times and agrees that the customer is solely and entirely responsible for all activities which occur under its account. The customer must notify Vinearoom immediately if it becomes aware of any unauthorized use of its account. Each account must be used by a single customer and is not transferable. Vinearoom may suspend or terminate access to an account if it suspects unauthorized or improper use.
The customer expressly agrees not to use the Vinearoom website or other internet services provided by Vinearoom for any purpose that is unlawful or prohibited by these terms and conditions.
The customer agrees not to attempt to access the Vinearoom website or any of its content if the customer is under the legal drinking age of the jurisdiction from which the customer accesses the Vinearoom website.
Consultation process and allocation cancellation
Wine purchase and allocation to the customer own cellar account through Vinearoom is a consultant-led process guided by the customer’s wine cellar profile, which may be amended at any time. The customer retains ultimate control over the direction of the cellar and Vinearoom will, where requested, cancel any allocation made under delegated discretion which is deemed unsuitable by the customer, within 8 days of allocation date.
Contract duration and termination
The minimum contract duration is one year. The customer account is renewed automatically without any written communication 30 days prior the end of the subscription period by the customer.
Upon termination the customer needs to inform Vinearoom whether it wants its wines to be delivered (delivery fees apply) or kept at Vinearoom storage location (storage fees apply). Vinearoom reserves the right to terminate the wine purchase, allocation and storage solution at any time. All alterations will be communicated to its customer via email.
Orders and prices
Orders can be placed on the Vinearoom website or by contacting Vinearoom directly. All order confirmations are based on E&OE terms (Errors and Omissions Excluded). We reserve the right not to accept any order, at our discretion and with no explanation. VAT and duties are charged according to the selected storage solution:
a) Vinearoom storage facilities in Switzerland: All prices are in Swiss Francs and include 8% VAT and duties.
b) Bonded warehouse: Goods stored in a bonded warehouse are not subject to Swiss VAT and duties. It is only applied and charged to the customer when goods leave the bonded warehouse.
Local custom duties and VAT has to be paid by the customer when goods are exported to a third country.
We endeavor to ensure that all pricing information on Vinearoom website is accurate, occasionally an error may occur and goods may be mis-priced. If we discover a pricing error we will update accordingly the order. We will not be obliged to supply goods at the incorrect price.
Payment process and conditions
Upon receipt of payment the customer account is credited with the paid amount. The accrued amount on the customer account is used against the purchase and allocation of wines and for paying outstanding charges (e.g. storage or delivery fees).
All charges applied to the customer account include Swiss VAT.
Upon terminating the contract with Vinearoom the customer account need to be nil. Sums received and credited to the customer account cannot be returned or repaid in cash.
Sales outside any established subscription plan (e.g. customer orders of additional wine) will generate additional payment transactions.
• Title of good
Wines are stored in Vinearoom storage facilities and are recorded in the customer's own name separately from Vinearoom stock. Title is determined by reference to the online customer cellar statement or annual stock certificate and, in the case of sealed cases, to the name and stock number marked on each case (alternatively by a batch number). In agreement with the customer, wines may be ordered “En primeur” and will be clearly indicated as such in the online customer cellar statement or annual stock certificate. The titles of good are transferred to Vinearoom if a customer had no purchase transactions during a consecutive period of 10 years and could not be contacted.
• Storage fees & insurance
Wines stored with Vinearoom are subject to annual storage charges charged directly to the customer account. The invoices are raised at the end of the year based on the average number of bottles in storage. Vinearoom reserves the right to increase the annual charge without prior notice.
The storage charge includes insurance at replacement value, however we accept no liability should our wine price evaluation be incorrect. In the unlikely event of breakage or loss whilst in Vinearoom care, a wine will normally be replaced with either the same wine (subject to availability) or a wine of equal or greater quality.
• Withdrawal of stock
The customer may withdraw wine from storage at any time by contacting Vinearoom; subject to all costs relating to the wine having been paid in full, including taxes where appropriate, outstanding charges and delivery fees.
• Selling back to Vinearoom
Vinearoom may consider to the possibility to directly buy back the customer’s stock. Please contact Vinearoom for further details
Vinearoom shall comprise a combination of Vinearoom own valuations based on current and recent lists and transaction data as well as externally sourced guide valuations. Any prices shown are for guidance only and Vinearoom cannot be held liable for unforeseen changes in value of wines traded on the open market or for incorrect prices.
The purchase and allocation of wines is suspended if the customer account is not timely credited with the necessary funds.
The company reserves the right to sell part of or all of the customer's wine stock and to deduct from the proceeds any outstanding charges. The proceeds of such sale shall first be applied to any indebtedness owing to Vinearoom and next to any costs and expenses incurred with respect to the goods, the sale, and any efforts to collect such indebtedness.
All wine stock is held physically in Switzerland in the customer’s name and Vinearoom will deliver wines at the customer’s request (except “en primeur” wine which have been ordered but is not yet delivered by the producer or wine merchant).
Deliveries are performed by Vinearoom or a third party provider in all Switzerland or to any international location, subject to local customs regulations. Delivery costs, local VAT and any other duties need to be born by the customer.
Delivery costs are charged to the customer and need to be paid up front and require that the customer account is nil or positive.
Wine cannot be returned to Vinearoom storage facilities once it has been delivered. The only valid reason for return shall be wrong delivery. Corked or flawed wine cannot be returned as the winery and not Vinearoom, is the source of this problem.
Vinearoom shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of Vinearoom.
Data protections & encryption security
We manage data confidentially in accordance to the Swiss data protection law. Data will not be made accessible to third party without your consent unless necessary to complete an instructed transaction by yourselves, but only to the extend required (e.g. share delivery details with the logistic provider). Sensible data (e.g. payment details for a credit card transaction) will be sent encrypted to our payment partner for processing.
Vinearoom is not liable for any damage, except in case of intent or gross negligence.
• Ullages/Condition loss
Whilst Vinearoom will take every reasonable care in the storage of your wines, no liability will be accepted for deterioration which may occur through the natural processes to which all wines and their corks, however well cared for, are subject.
• Bottle conditions All bottles are handled with great care during storage and delivery. However, very slight damages on the glass, label or cap may occur inherent to the manipulation of the wine bottles and should not entitle the customer to a replacement or refund.
• Deliveries All deliveries are at the own risk of the customer. All complaints associated with a delivery (e.g. lost, damage) need to be reported to the logistic provider and Vinearoom in writing within 48 hours. Please note that wine shipped internationally is shipped solely at the customer's own risk. In particular, the precise timing of deliveries (given the need to clear customs in other countries) and the local storage conditions while awaiting customs clearance are completely outside of Vinearoom control. The customer is advised to understand the import requirements for its intended destination country, and make its own arrangements for duties payment, hiring of import brokers or other expenses and services required to ensure the prompt processing of its wine through customs. Vinearoom is not liable for making these arrangements and is not liable for any delays associated with customs or other processing required to import wine into a country.
By ordering our products you certify to be over 18 years old, or that you have reached the legal age required in the country where you reside to be allowed to buy and consume alcohol.
Change of terms and conditions
Vinearoom terms and conditions can be changed at any time and without notice. The latest status is always published online on the Vinearoom website.
The legal relationship between the customer and Vinearoom shall be governed by the substantive law of Switzerland (excluding Swiss Private International Law and international treaties, in particular the Vienna Convention on the International Sale of Goods dated April 11, 1980).
All disputes arising out of or in connection with the legal relationship between the customer and Vinearoom shall be resolved by the competent courts of the city of Zurich, Switzerland. However, Vinearoom shall be entitled to initiate litigation against the customer at the latter's domicile or place of business.